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Mrs . Shanta Rani (Housewife)     14 August 2023

Redevelopment

Can co-operative housing societies in Mumbai adjoining to each other wanting to explore joint redevelopment release together a Tender Notice inviting proposals for appointment of PMC? 

If yes, what is the procedure to be followed?



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     14 August 2023

Though many problems are common for redevelopment projects of single societies and multiple societies, the redevelopment project of multiple societies is the most problematic process with a lot of uncertainties. As the problems are multiple, all the societies involved in the combined redevelopment of their building may face every possible dispute and the chances of the redevelopment project can get held up if caught in the middle of various complications.

All the Housing Societies participating in the joint venture shall be first amalgamated into a single entity to deal with the redevelopment of their buildings. Any two or more societies may, by a resolution passed by not less than three-fourths of all the members of each society and voting at a special general meeting called for the purpose, amalgamate as one society. Such decisions are taken strategically to benefit the original society as well as the society/s it wishes to amalgamate with.

After the resolution is passed each such society shall apply to the Registrar for cancellation of its registration and also shall jointly make an application for the registration of the amalgamated society. The registration of the amalgamated society shall be deemed to be sufficient to vest the assets and liabilities of the amalgamating societies in the amalgamated society.

The builder and his architect will also have the headache of constructing flats of different dimensions in the new building as the facilities and flat area of each old building built by different builders is different from others. Therefore, it is not possible for the builder to allot uniform-size flats and lots of negotiation is required to settle the issue. The redevelopment project may be further delayed due to changed regulations in respect of FSI, Court orders staying, Non-performing Developers, etc. Therefore, redevelopment project by joining multiple societies is suitable only for buildings standing on small plots and not for others.

Mrs . Shanta Rani (Housewife)     15 August 2023

Sir, 

Thank you for an elaborate reply. 

 

P. Venu (Advocate)     15 August 2023

Yes, legally and theoretically possible, however, the procedure could be too cumbersome.

Mrs . Shanta Rani (Housewife)     15 August 2023

Thanks for your response! 

Could you please elaborate more on what should be the procedure. 


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